Judicial Review:
In the United States this is defined as review by the Supreme Court of the constitutional validity of a legislative act.
Examples of Judicial Review:
1. Marbury Vs. Madison (1803)
- The first Supreme Court decision to strike down an act of Congress as unconstitutional. Essentially gave the Supreme Court authority to declare an act of Congress unconstitutional.
2. Roe vs. Wade, (1973) - a decision by the U.S. Supreme Court on the issue of abortion. Decided simultaneously with a companion case, Doe v Bolton, the Court ruled that a right to privacy under the due process clause of the 14th amendment extended to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health.
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3. Brown Vs. Board of Education (1954) - Case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy Vs. Ferguson decision of 1896 which allowed state-sponsored segregation.
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How has Judicial Review Been Used in the Past?
1. Before the Constitutional Convention in 1787, the power of judicial review had been exercised in a number of states. In the years from 1776 to 1787, state courts in at least seven of the thirteen states had used judicial review.
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2. The Constitution does not specifically point out Judicial Review, instead it is implied in Article III and Article VI.
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3. During the debates at the Constitutional Convention, the Founding Fathers made references to the idea of judicial review.
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4. The Virginia Plan included a "council of revision" that would have examined proposed new federal laws and would have accepted or rejected them, similar to today's presidential veto. This would have included Federal Judges along with The President.
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5. The Federalist Papers, which were published in 1787–1788 to promote ratification of the Constitution, made several references to the power of judicial review.
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6. The Judiciary Act of 1789 gave the Supreme Court the power to review state court decisions involving the constitutionality of both federal statutes and state statutes.
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7. In Hayburn's Case, (1792) federal circuit courts held an act of Congress unconstitutional for the first time.
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8. Hylton v. United States (1796) was the first case decided by the Supreme Court that involved a challenge to the constitutionality of an act of Congress. It was argued that a federal tax on carriages violated the constitutional provision regarding "direct" taxes. The Supreme Court upheld the tax, finding it was constitutional.
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9. In Ware v. Hylton, (1796) the Supreme Court for the first time struck down a state statute.
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10. The Virginia Plan also called for the formation of a "Federal Judiciary" to handle federal matters regarding the law and the interpretation thereof.
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